Emory Law Journal

Volume 61Issue 2

Campaign Speech Law with a Twist: When the Government Is the Speaker, Not the Regulator

Helen Norton | 61 Emory L.J. 206 (2011)

Although government entities frequently engage in issue-related campaign speech on a variety of contested ballot and legislative measures, this fact has been entirely overlooked in contemporary First Amendment debates over campaign speech law specifically and government speech more generally.

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In Defense of Individual Tax Privacy

Joshua D. Blank | 61 Emory L.J. 265 (2011)

The debate over whether tax privacy—a set of statutory rules that prohibits the federal government from publicly releasing any taxpayer’s tax return—promotes individual tax compliance is as old as the income tax itself. It dates back to the Civil War and resurfaces often, especially when the government seeks innovative ways to collect tax revenue more effectively.

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Monsanto Co. v. Geertson Seed Farms: Irreparable Injury to the National Environmental Policy Act?

Madeline Gwyn | 61 Emory L.J. 349 (2011)

The Supreme Court recently embarked on a path toward removing the only teeth the National Environmental Policy Act (NEPA) has—its procedural mandates. In Winter v. Natural Resources Defense Council, Inc. and, more recently, in the controversial case Monsanto Co. v. Geertson Seed Farms, the Court declined to issue an injunction against federal agency action despite the agency’s failure to complete an Environmental Impact Statement (EIS) regarding the action, as required by NEPA.

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Section 5 of the Voting Rights Act and Its Place in “Post-Racial” America

Enbar Toledano | 61 Emory L.J. 389 (2011)

The Fifteenth Amendment purported to withdraw race and color from the calculus of suffrage. Instead, it gave rise to an era of creative exclusion in which Southern states erected one barrier after another and Congress floundered in its attempts to secure the black vote it had promised.

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